K3 vs K1 -- please help me choose!

[Simmy 3]

Hi there,

I'm a Canadian that's engaged to an American, and planning to immigrate to the U.S.

Even after reading the Visajourney guides and visa comparison table, I'm still not sure whether to go the K1 or K3 route.

Simply, should I apply for the K1 visa now and marry after, or should we marry now and apply for the K3 visa after? I understood from reading that the K1 process is simpler than the K3 process, but what is unique here is that I am already here in the U.S. visiting my fiancee (as a Canadian visitor here via the visa waiver program). So we're thinking about going to a local courthouse and getting legally married, and then applying for the K3 instead of the K1. Wouldn't this in fact be a simpler process than the K1, since I'm already here in the U.S.? (we'd have our actual wedding ceremony next summer, separate from the legal marriage).

Aside from the question of paperwork complexity, would we be less likely to be successful in obtaining the K3 than the K1? Would the simple documentation of us being married in a courthouse be enough to convince them of a bona fide marriage, or do they need more proof of a lasting, loving relationship? And on that note, would it be any *more* difficult obtaining the AOS after a K1 given a courthouse marriage than it would be getting the K3?

Finally, I should add here that the benefit of the K3 visa being a re-entry visa (vs. the K1 which is not) is significant, as I have a house in Canada that I need to tend to during the application process. I would sell my house after obtaining permanent resident status.

Thanks so much,

Simmy.

[Darnell 8,478]

K-3 is mostly dead, sorry -

see

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

and a better comparison of K-3 vs CR-1 (Just so you know) -

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

FWIW, you'd never stay in USA and go through the K-3 process, with some expectation of 'maintaining legal presence' in the USA - the overstay would trip you up.

MANY people, instead, go for the Adjustment of Status process, or AOS, instead - but you need to pay intention to INTENT, as well, see http://www.visajourney.com/content/i130guide2

Welcome to Visa Journey DIY Immigration WebPortal !

Good Luck !

[ValerieA 350]

Simmy, as Darnell posted, you should also consider the AOS process. Lately, it has been taking a lot of people only 3 months from filing to getting their greencard - have to be married first. Note I said a lot - not all. A few people have taken considerably longer. You did not have immigration intent when you crossed the border, so you should be OK on that note, but to be on the safe side, have proof that you did not have intention - your house is a good example of that. Any other ties to Canada will back this up. The thing you may not like about AOS is that you can NOT leave the US until you get your green card (or AP, which you may or may not receive before your interview).

I do not understand your comment on being on the VWP - this program does not apply to Canadians, I thought?

Anyway, review your options. If you do CR-1, or a K-1 if you are in Eastern Canada, take into account that the Montreal consulate is very slow right now. Good luck!

[Simmy 3]

Thanks kindly to both of you, ValerieA and Darnell. Very helpful.

So I'm clear now that the CR-1 process should be used instead of K-3.

I do have two remaining (and a couple spinoff) questions though:

1. Should I go through the AOS process as someone inside the US (http://www.visajourney.com/content/i130guide2) or should I go through the process as someone from outside of the US (http://www.visajourney.com/content/i130guide1). Currently I am a visitor to the US. I simply drove across the border with my lover and told the guards that I was visiting the woman that I was falling in love with. After proving to them that I wouldn't simply stay here to live, ie. that I have enough money, and that I own a house back in Canada, and showing them a return train ticket, they let me across without mentioning any limits of how long I can stay here. I presume they entered into their computers at the time the stuff I told them. So there was no intent to immigrate or marry at the time, but while I've been here we've decided we do want to marry, and they probably do have on record that I was visiting my girlfriend.

I'm trying to understand if it's okay (or even benficial?) to simply stay here, get married, and then follow the process as someone inside the US, as linked to above. I don't legally live here (in fact I'm not legally allowed to live here, just visit), so I'm pretty sure I can't, but I wanted to make sure. Also, I'm thinking that although there was no intent to marry or immigrate at the time I crossed the border, this may be hard to prove. The idea is that we'll have a courthouse wedding this year and a real ceremony next year. I'm wondering how hard is it to prove non-intent to marry?

So on the first question, again, I'm just wondering if I can stay here and go through the AOS process, or if I need to go home first and do the CR-1 process as someone living outside of the US, and on that note, if the latter, is there anything stopping me from staying here and applying as if I was outside of the US? I don't need an employment card at this time, so this seems plausible if not simplest.

2. Given that we haven't actually married yet, would there be any benefit in going through the K-1 process instead of the CR-1 process? I understand that K1 gives us a visa to live together while we wait, but I prefer having the CR-1's flexibility of being able to leave the US after obtaining the visa, along with its other benefits.

Related to the last point, is proving a bona fide marriage with the I-130 application a tough thing to do? We don't have joint ownership of anything, nor kids. The real ceremony will be next summer. So all we'll really have is a marriage certificate and some emails and pictures and the word of friends to show that we love each other. I'm wondering if the whole bona fide marriage requirement is substantially easier via the K1 process, if indeed it is something to worry about.

Thanks again for your help, I look forward to your responses.

Simmy

[Simmy 3]

Just wanted to let you know that I have rephrased my last questions in a topic in the K1 forum: http://www.visajourney.com/forums/topic/265685-k1-vs-cr1-vs-aos-can-you-help-me-decide/

Thanks very much for your help!